Expert Legal Services for Wills, Probate & Inheritance-
Matters of inheritance, estate planning, and Wills require judicial rigour and vigilance. Whether you are a resident of India such as Delhi, Mumbai, Ahmedabad, Bangalore etc. or an NRI in the United States, United Kingdom, or Canada etc. managing Indian assets from abroad, or a Foreign National with Indian origin, our experienced legal team all over India and at Tis Hazari Courts, Patiala House Courts, Saket Courts, Dwarka district courts, Rohini Courts, Karkardooma Courts, the Delhi High Court and Supreme Court of India provides trusted, end-to-end legal support, with complete remote assistance available for international clients.
The team of lawyers at Malik Law Offices India have the required experience and expertise to provide the necessary legal advisory, guidance and representation before the courts of law across India and administrative authorities to take care of the transactions with respect to Wills and Estate left behind by the deceased along with matters and situations where inheritance is disputed.
Malik Law Offices India assist individuals in pursuing inheritance claims, while also bringing strong expertise in effectively representing executors and beneficiaries in defending claims made against them. Given the complexity of such matters, it is often challenging to find experienced lawyers with a proven track record in this niche area making MLOI a trusted choice for navigating these situations with trust and confidence.
In an increasingly global landscape, clients often have assets spread across jurisdictions. Our lawyers offer comprehensive advice on cross-border inheritance, probate and testamentary matters, and actively engage with the government authorities to streamline complex legal and taxation issues. A gist of our services include the following-
Will Drafting
Drafting a will is one of the most crucial aspects of estate planning, as it serves as the definitive expression of the testator’s intentions regarding the distribution of their assets and the management of their affairs after their lifetime. Given its legal sanctity, the process demands a high degree of precision, clarity, and foresight. Any ambiguity, omission, or technical error can give rise to disputes, delays, or outcomes that may not truly reflect the testator’s wishes. It is therefore a task that carries significant responsibility and must be approached with utmost care and expertise. At MLOI, we offer dependable and trusted legal services, with lawyers who possess a deep understanding of the complexities involved in will drafting. Our team is committed to ensuring that every will is meticulously structured, legally sound, and thoughtfully aligned with the client’s intentions, providing both clarity and peace of mind.
Registration of a Will
Under the Indian Registration Act, 1908, registration of a Will in India is optional, however it is advisable to get the same registered as it increases a Will’s veracity and authenticity. An unregistered Will has higher chances of it being disputed eventually in case dispute arises amongst the heirs/beneficiaries. Malik Law Offices India-
- Guide clients through the registration process before the Sub-Registrar across India.
- Accompany the client to the office of the sub registrar physically for registration process.
- The Witnesses to the Will should also be physically present for witnessing the execution of the Will.
- The jurisdiction of registration is dependent upon the place where the assets are located in India and hence the team of lawyers at MLOI ensure proper documentation and execution formalities.
- We also coordinate logistics such as scheduling the appointment with the authorities and collecting the registered Will on behalf of the client.
Probate & Estate Administration
Probate is legal process of validating a Will through a competent court of law under the Indian Succession Act, 1925, after death of the testator. It also grants authority to the executor named in the will to administer the estate, distribute assets, and settle any outstanding liabilities in accordance with the testator’s wishes. Probate is mandatory within the territories of the former Presidency Towns namely Mumbai, Chennai, and Kolkata. Malik Law Offices India provides complete assistance with respect to the same including:-
- Filing and obtaining a Probate of Will.
- Filing and obtaining letters of administration where no Will exists.
- Representation before courts in probate/LOA proceedings.
- Assisting with publication and third party objections (if any).
- Advising executors on their duties and liabilities.
- Assisting in collection, valuation, and distribution of estate assets.
Inheritance & Succession Advisory
Advisory on Inheritance and succession laws, Wills and testaments etc. play a vital role in ensuring the smooth and legally compliant transfer of assets across generations and jurisdictions. Taking care of such transactions on inheritance and succession laws, especially in cases involving multiple heirs, complex family structures, or cross-border assets, requires careful planning and informed decision-making. The experts services and advisory of lawyers of Malik Law Offices India are curated to provide a careful and situation specific guidance on any disputes, to ensure that the client’s intentions are effectively implemented in accordance with applicable laws, including the Indian Succession Act, 1925 and other relevant personal laws. Our scope of assistance includes:-
- Advising on applicable succession laws based on the personal laws, religion, the jurisdiction and nature of assets.
- Advisory on inheritance rights of daughter & widow.
- Advisory on Hindu Undivided Family (HUF), powers and rights of a Karta.
- Structuring estate plans, trusts, family estate etc. to ensure efficient and tax-compliant transfer of wealth.
- Identifying legal heirs and advising on their respective rights and entitlements, applying for surviving member certificate, legal heir certificate.
- Guidance on intestate succession i.e. when the deceased dies without leaving behind a Will.
- Advising on cross-border inheritance and multi-jurisdictional asset distribution.
- Liaising with authorities and financial institutions where required.
Dispute Resolution & Litigation
Litigation and dispute resolution in matters relating to wills and inheritance require a nuanced understanding of succession laws, procedural complexities, and the sensitive nature of family disputes. Conflicts may arise due to various factors such as unequal distribution of assets in the Will, challenging its genuineness and authenticity (specially in unregistered Wills), allegations of undue influence or fraud, or disagreements among legal heirs for distributing the assets of the deceased (if deceased passed away intestate), etc. Our team of lawyers at Malik Law Offices India provides strategic and client-specific representation, ensuring that our clients’ interests are effectively protected in accordance with the succession laws and procedures. Our team approaches each case with a balance of legal precision and meticulous insight, aiming for efficient resolution while minimizing prolonged disputes wherever possible. Our scope of services includes:-
Legal Services We Offer in Will & Succession Disputes:-
- Representing clients in disputes arising out of a Will or testament, including challenges to validity and execution of Wills.
- Advising and representing executors, beneficiaries, and legal heirs in disputes
- Filing and defending claims for inheritance and succession rights.
- Assisting in matters involving intestate succession, partition disputes and conflicts regarding inheritance.
- Addressing allegations of fraud, coercion, or undue influence in will execution.
- Engaging in mediation and alternative dispute resolution to achieve amicable settlements between legal heirs and beneficiaries.
- Coordinating with courts, relevant authorities, and relevant third parties throughout the proceedings.
WILLS AND INHERITANCE LAW SERVICES FOR NRIS -COMPLETE REMOTE ASSISTANCE
Non-resident Indians usually face multiple challenges after death of their loved ones in India, particularly if they do not have anyone locally to take care of the assets left behind by the deceased. Various administrative challenges and hurdles in procuring necessary documentation such as death certificate, surviving member certificate, probate, succession certificate etc., can add to the emotional burden during an already difficult time.
Malik Law Offices India is a one stop solution for managing and handling such processes on behalf of the legal heirs of the deceased who reside overseas and require efficient representation before the authorities and courts of law, to adequately deal with the assets & estate left behind by your loved ones, I n a quick and efficient manner.
Why confidentiality is of utmost importance in such matters?
Whether it is drafting of a Will, formation of a trust, estate planning, or navigating inheritance disputes, maintaining confidentiality is of utmost importance as such issues are extremely personal and sensitive to each client- both financially and emotionally.
For example, a will sets out the testator’s intentions and wish regarding the distribution of assets, which, if disclosed prematurely or inappropriately, can give rise to misunderstandings, disputes, or even attempts to influence or challenge those decisions. Therefore, our team at Malik Law Offices India understands the importance of confidentiality between the attorney and client and ensures trust between the client and legal advisor, allowing for candid discussions and accurate estate planning.
Legal Services We Provide-
1. Drafting and Registration of Will.
2. Proving the genuineness or veracity of Will before court of law.
4. Applying for Probate of Will.
5. Applying for Ancillary Probate of Will for foreign Wills.
6. Claiming rights of daughters in the estate of the deceased.
7. Representing clients in suit for partition and estate conflicts.
8. Drafting of Family Settlement Agreements.
9. Obtaining Succession Certificate.
10. Obtaining Letters of Administration.
11. Negotiation, mediation, and court litigation.
12. Applying and obtaining Surviving Member Certificate or Legal Heir Certificate
13. Drafting and registration of Gift Deeds and Power of Attorneys.
CONSULT OUR WILL AND INHERITANCE LAWYERS IN DELHI
For Indian residents, in-person consultations are available at Tis Hazari Courts, Delhi. For NRI clients in the USA, UK, Canada, Australia, Singapore, and UAE etc. we are accessible via WhatsApp, email, and scheduled Zoom video consultation across all time zones.